Strategies

What Does The Word “Solicit” Mean In A Non-Solicitation Restrictive Covenant?

Authored By: Kenneth Neuman and Stephen McKenney One of the common types of restrictive covenants that Michigan courts have held are enforceable in employment (and other) contracts are so-called “non-solicitation” covenants.  Typically, non-solicitation covenants prohibit an employee (or shareholder, member, director) of a company from soliciting any of the company’s customers (or...

Garnishee Defendants Beware: Court Of Appeals Enforces Garnishee-Liability For Failure To Properly Withhold Funds

Authored By: Matthew Smith Garnishments are common and cost-effective means for judgment creditors to collect monies held by a third-party garnishee.  Upon receipt of a writ of garnishment, the garnishee must prepare a garnishee disclosure and take care to follow the procedures set forth in MCR 3.101.  This may require withholding some or all of the money due to the judgment...

Sanctions for Failure to Admit Request for Admission? Not So Fast!

Authored By: Jennifer A. Cupples We are all familiar with Michigan Court Rule 2.312(A) which allows a party to serve on another party a written request for the admission of  truth of a matter within the scope of MCR 2.302(B) as  it relates to statements or opinions of fact or the application of law to fact, including the genuineness of documents.  The requests are usually...

Attorneys And Clients Beware: Your E-Mail Communications May Not Be Privileged

The Michigan Court of Appeals recently addressed, in a published opinion, the issue of the attorney-client privilege and how it applies to communications between an attorney and client over e-mail. In Stavale v. Stavale, Docket No. 349472 (Mich. Ct. App. June 11, 2020), the Court of Appeals discussed the issue of whether the privilege applies when the client uses an employer-provided e-mail...

The Michigan Court Of Appeals Provides Binding Guidance On UCC Requirements Contracts

Michigan litigators commonly rely on federal authority to interpret and enforce blanket orders and requirements contracts under Article 2 of Michigan’s Uniform Commercial Code.  This is in part due to more plentiful and detailed analyses of blanket orders and requirements contracts in the federal case law, and a countervailing paucity of Michigan appellate decisions on these subjects. That...

Update – Michigan Supreme Court Lets Stand Ruling Creating Cause of Action for Professional Malpractice Against Expert Witnesses

In a previous post we discussed the Michigan Court of Appeals decision allowing a cause of action to proceed against an expert witness alleging professional malpractice.  In Estate of Voutsaras v. Bender, 326 Mich. App. 667 the Michigan Court of Appeals held that the doctrine of witness immunity did not shield a lawyer, serving as an expert witness, from a claim for professional...

PRACTICING LAW IN A PANDEMIC: HAVE WE ZOOMED PAST THE TECHNOLOGY GOALS AND FOCUS OF THE SBM 21ST CENTURY PRACTICE TASK FORCE?

When the 21st century started on January 1, 2001, traditional legal practice included: carbon copy summonses, case stickers, law libraries, Loislaw, a manual bates-stamp device, paper heavy depositions and trial, and trials before a live jury.  Since that time, technology has allowed for e-summonses, video courtrooms, electronic bates stamping, video depositions, e-filing and service,...

Civil Authority Business Interruption Claims – Be Mindful of Physical Damage Requirements

As we discussed in an earlier post, one of the areas of dispute we anticipate will emerge as activities resume following the Coronavirus pandemic will center on whether business interruption insurance policies will cover losses stemming from the pandemic and ensuing Stay Home, Stay Safe Order.  One of the specific issues we anticipate is whether coverage is triggered only by governmental...

Zoom Trials? Private Juries? Arbitration With Strings Attached? Thinking Creatively in The Face Of Continued COVID-19 Restrictions

As the Coronavirus pandemic continues to impair the ability of trial courts to carry out their normal functions, for an increasing and indefinite amount of time, a backlog is building for those cases that courts must dispose of by trial.  Indeed, the current restrictions advised by the Michigan Supreme Court and put into practice by most local courts do not identify civil trials as an...

Executive Order 2020-41 Permits Limited and Temporary Relief from Certain Witnessing and Notary Requirements

Effective April 8, 2020 through May 6, 2020, the Governor has relaxed notary and witnessing requirements required by Michigan law in the wake of the COVID-19 pandemic.  Executive Order 2020-41 was put in place to attempt minimize in-person interaction and facilitate remote work during the declared states of emergency and disaster.  The Order waives strict compliance with the Uniform...